Construction Contractors and Contracts

ORS 701.565
Notice of defect requirement

  • contents
  • mailing


Except as provided in ORS 701.600 (Nonapplicability of ORS 701.560 to 701.595 and 701.605), an owner may not compel arbitration or commence a court action against a contractor, subcontractor or supplier to assert a claim arising out of or related to any defect in the construction, alteration or repair of a residence or in any system, component or material incorporated into a residence located in this state unless the owner has sent that contractor, subcontractor or supplier a notice of defect as provided in this section and has complied with ORS 701.575 (Availability of residence).


An owner must send a notice of defect by registered or certified mail, return receipt requested. If a notice of defect is sent to a contractor or subcontractor, the owner must send the notice to the last known address for the contractor or subcontractor as shown in the records of the Construction Contractors Board. If a notice of defect is sent to a supplier, the owner must send the notice to the Oregon business address of the supplier or, if none, to the registered agent of the supplier.


A notice of defect sent by an owner must include:


The name and mailing address of the owner or the owner’s legal representative, if any;


A statement that the owner may seek to compel arbitration or bring a court action against the contractor, subcontractor or supplier;


The address and location of the affected residence;


A description of:


Each defect;


The remediation the owner believes is necessary; and


Any incidental damage not curable by remediation as described in subparagraph (B) of this paragraph; and


Any report or other document evidencing the existence of the defects and any incidental damage. [2003 c.660 §2; 2011 c.268 §1]
Note: See note under 701.560 (Definitions for ORS 701.560 to 701.595 and 701.605).
Chapter 701

Notes of Decisions

This is a remedial statute made for the protection of the building business and of people dealing with builders who might be irresponsible; it should be read as a whole and liberally construed to accomplish its purpose. Robinson v. Builders Bd., 20 Or App 340, 531 P2d 752 (1975)

Atty. Gen. Opinions

Lack of authority for director to appoint executive secretary for board, (1971) Vol 35, p 930; inapplicability of this chapter to business of construction or installation of fences, sidewalks, septic tanks, wells and underground sprinkling systems, (1972) Vol 35, p 1278; mobile home as personal or real property under this chapter, (1972) Vol 36, p 41; application of Homebuilders Law to mobile homes, (1978) Vol 38, p 693


Last accessed
Jun. 26, 2021